United States v. Freddie McKinley Smith

Smith was convicted of violating 18 U.S.C. § 2312. He urges reversal on two grounds.

Smith first argues that certain statements which he made to a highway patrol officer should have been excluded because he was not given Miranda warnings prior to his interrogation. The officer stopped the car in which Smith was a passenger for a traffic violation. The officer first questioned the driver, then checked his story with Smith. We stated in Lowe v. United States, 407 F.2d 1391, 1394 (9th Cir. 1969):

“The questioning of a driver of a stopped car on an open highway by one policeman, without more,…